United States v. Dana
District Court, S.D. New York
On March 8, 1895, Mr. Dana, editor of the New Fork Sun, was held by Commissioner Shields in this district, under section 1014- of the United States Revised Statutes. for trial in the District of Co-lnmbia upon an indictment there found against him and William Laffan for libel against Frank Ik Noyes, a director of the Associated Press, contained in an editorial article printed and published in The Sun of February 22, 1895, and circulated in "Washington.
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On March 8, 1895, Mr. Dana, editor of the New Fork Sun, was held by Commissioner Shields in this district, under section 1014- of the United States Revised Statutes. for trial in the District of Co-lnmbia upon an indictment there found against him and William Laffan for libel against Frank Ik Noyes, a director of the Associated Press, contained in an editorial article printed and published in The Sun of February 22, 1895, and circulated in "Washington. The defendant Laffan not having' been found, application was made to the district judge for an order removing Mr. Dana to Washington, for…
1Opinion of the CourtBbown, District Judge
(after stating tbe facts). Tlie indictment charges that the alleged libel was published both in New York and in Washington. But the facts stated in the indictment, and the slight evidence taken before the commissioner, are sufficient to show that whatever Mr. Dana had to do with the publication of The Sun of February 22d, containing the alleged libelous matter, was done in New York. Upon this ground it is contended by his counsel that he cannot be removed to Washington for trial, under the provisions of the United States constitution, which require the trial of offenders to be had in the…
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